Divorce property settlement in France

Divorce signifies the end of the
matrimonial regime
and the division of the
assets
of the separating couple. The french notaire
will
help you in the
liquidation
of the spouses' financial assets or whenever there is a property.

How does a notaire liquidate a matrimonial regime ?

The
matrimonial regime
is the set of legal rules applicable to financial relations between spouses. This set of rules has a great influence on how the
assets
of each spouse was formed during the
marriage
. All about the matrimonial regime

Using information provided by his/her clients, he/she starts by listing their property and debts, if any, which constitutes their assets and liabilities. The notaire then establishes each spouse's rights and obligations over the assets and liabilities. Lastly the notaire tries to reach agreement between the clients over the division of their property and debts.

Everything must be studied and calculated so that each spouse can start his/her new life with a clear, well-established situation. There must be absolutely no going back.

These liquidation and division operations may be planned before the divorce takes effect

This is what happens with the divorce by mutual consent without a judge. The spouses' agreement, drawn up by a private deed signed by a lawyer, must imperatively include the
liquidation
of the matrimonial property regime, if necessary in the authentic form before a notary when the liquidation concerns property subject to
land registration
(article 229 -3 of the French Civil Code).

Since February 26, 2016, it is also possible in other procedures. The judge's power-
sharing
have been expanded in order to expedite the procedure. Now as the introduction of the divorce proceedings, the spouses can apply for the division of their property if they justify continuing disagreements. They must provide either a joint statement of acceptance of a legal sharing out the points of disagreements between them, a project of liquidation of the
matrimonial regime
and training lots to share up by the notary appointed conciliation.